Posts Tagged ‘continuation’
Next AIA implementation date – March 16, 2013
February 10th, 2013 | 
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As of March 16, 2013, the U.S. is changing from a First-to-Invent (FTI) system to a First-Inventor-to-File (FITF) system. The only countries that have ever used the FTI system were Canada, the Philippines and the U.S. Canada switched to a FITF system in 1989, the Philippines switched in 1998 and the U.S. switched in 2011 (effective as of March 16, 2013). So now the entire world is on a FITF system.
In a first-to-invent system, the prima facie right to the invention is given to first person who invents the actual invention, no matter when the application was filed (subject to proof of the date of invention).
Posted in From the Expert's Quill | 
Tags: 2013, AIA, AIA changes, AIA implementation, America Invents Act, best practices, continuation, continuation-in-part, Docketing, From the Expert's Quill, infringement, Intellectual Property, IP, IP Prosecution, litigation, March 16, March 19, micro entity, owner, paralegal services, patent, patent paralegal education, patent prosecution, PCT, PCT timeline; PCT; National Phase; National Stage; IP; Inellectual Prperty;, prosecution, Prosecution Paralegal, protecting an idea, PTO fee, US national phase | 
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AIA Implementation – 09-16-2012
This is another red-letter day in the field of patent prosecution. The last day that was this important was June 8, 1995 when NAFTA and GATT-TRIP became effective in the USPTO.
The America Invents Act (AIA) was signed into law on September 16, 2011 by President Obama. Seven (7) provisions of the AIA went into effect on September 16, 2012. These provisions relate to:
- – Inventor’s oath or declaration;
– Preissuance submission;
– Supplemental examination;
– Citation of patent owner claim scope statements;
– Post-grant review;
– Inter parties review; and
– Covered business method review.
Posted in From the Expert's Quill |
Tags: ADS, AIA, AIA changes, AIA implementation, America Invents Act, Application Data Sheet, best practices, continuation, declaration, Docketing, From the Expert's Quill, Intellectual Property, IP, IP Prosecution, paralegal services, patent, patent filing, patent paralegal education, patent paralegals education, patent procedure, patent prosecution, PCT timeline; PCT; National Phase; National Stage; IP; Inellectual Prperty;, Prosecution Paralegal, PTO, US national phase, US national stage, USPTO |
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What is a “BYPASS APPLICATION?”
The name “Bypass Application” came about by how a US/PCT application is filed – i.e., when a bypass application is filed, the National Stage of a PCT application is bypassed. Simply put, instead of filing a regular US national phase application, a new US application that is a continuation or continuation-in-part of the previously-filed & currently pending PCT application (with at least one common inventor) is filed. Additional requirements also apply and should be reviewed before the filing of an application.